Exemption procedure or building permit

or the garage is shifted by 30cm and falls short of the 3m by 5cm. That is not so unusual. The submitted plans do not match reality for my two neighbors (mostly the height of the building)

But that's nothing you notice when passing by. You really have to look very closely

The freisteller is also reviewed by the municipality in our case. I saved the extra costs, but there are no deviations from the development plan either

It doesn't make any sense, a freisteller is meant to prevent any bureaucratic burden. In my opinion, no one checks anything there. Therefore, you are liable for the construction, not the building authority. After all, you signed it as well.

But that's not something you notice just by walking by. You really have to look closely

I meant the matter of the boundary setback, or rather the building height.

The submission plans do not match reality for my two neighbors

But where exactly is the difference in this case? Whether I don't comply with the development plan in the detached structure, or whether I don't comply with the submission plan according to the building permit? The problem lies with the execution, not with the approval.

According to current case law, the architect must produce a permanently approvable design. To this end, he must take into account, in addition to the requirements of the current state of the art, all public law regulations relevant to the construction project. The fact that the approval authority grants a permit does not relieve the architect, especially if the permit is later revoked due to defects in the design.

The now available BGH ruling makes it clear that this case law is fully applicable to the new approval procedures with a reduced scope of examination. In particular, the architect must ensure compliance with all public law regulations relevant to the construction project, even if the building authority only examines public law regulations to a limited extent.

Our construction plan was super stupid and the municipality themselves partly did not exactly know how it had to be built to fit .... paid 800 euros for [Baugenehmigung] and sleep well.